OFFICIAL OPINION No. 8

OFFICIAL OPINION No. 8 Appropriations-Act No. 95-A, approved July 19, 1957-Department of Welfare- Right of Secretary of Welfare to transfer funds from one institution named in the act to another institution. The Department of Welfare does not have the right to transfer funds from one institution named in Act No. 95-A to another institution named in the act. Appropriations-Act No. 95-A, approved July 19, 1957-Department of Welfare- Mental Health Services, Commonwealth Mental Health Center-Classification and reception center for mental health-Philadelphia General H ospitalr--M ental health care program in Philadelphia General Hospital. Funds appropriated by Act No. 95-A to the Department of Welfare for Mental Health Services, Commonwealth Mental Health Center are disbursable under the control of the department but such disbursements must be for the purposes and within the monetary limitations as set forth in the appropriation act. Harrisburg, Pa., September 18, 1957. Honorable Harry Shapiro, Secretary of Welfare, Harrisburg, Penn- sylvania. Sir: You have requested an opinion as to (1) whether the Depart- ment of Welfare has the right to transfer funds specifically designated for institutions named by Act No. 95-A, approved July 19, 1957, to other institutions named in the act where, in the exercise of his dis- cretion, the Secretary of Welfare, or the Commissioner of Mental Health, determines the needs of the department will best be served by such a transfer; and (2) whether funds specifically appropriated by Act No. 95-A for Mental Health Services, Commonwealth Mental Health Center are disbursable under the control of the department. Act No. 95-A appropriates to the Department of Welfare various sums of money for departmental and institutional purposes (page 65 et seq., of House Bill No. 1700, Printer's No. 1002) . Concerning ap- propriations for the State institutions, the Legislature appropriated specific sums of money to the Department of Welfare to be used for the operation and maintenance of named State institutions. In each case the act designates the institution by name and specifies a cor- responding amount. Provision is made whereby if the income of a designated institution exceeds an amount established in the act, such surplus is appropriated for that institution. The appropriation to the Department of Welfare is concluded with the appropriation of partic- ular amounts of money to the department for the operation and maintenance on a contractual basis of a Classification and Reception OPINIONS OF THE ATTORNEY GENERAL 61 Center for mental· health at the Philadelphia General Hospital and for the operation and maintenance on a contractual basis of the mental health care program at the Philadelphia General Hospital. Previous opinions of this department control the answer to your problem. Where the Legislature appropriated a sum of money to be used for a program of medical inspection of pupils in the public schools and where the funds for this program had been exhausted, we ruled that it would be improper to divert funds which the Legislature had appropriated for overcoming epidemics of disease to the public school medical inspection program. We stated in 1915-1916 Op. Atty. Gen. 333, 334, that: "Where the Legislature has divided an appropriation to a Department of the State government among certain divisions or bureaus of that Department, it is not permissible to use the funds appropriated to one division or bureau for the work of another, no matter how necessary or meritorious that work may be, in the absence of some provision specifically author- izing such action. "Similarly when the Legislature, in its appropriatio)l to a Department or bureau, has specified how much money shall be used for a particular purpose or object committed to that department or bureau, the sum which may be expended on that account is limited to the amount thus appropriated for it, in the absence of some discretionary power given the head of the department or bureau authorizing the use of an addi- tional amount, if necessary, from some general, contingent or special fund placed at his disposal for such contingencies." Later we ruled on a situation where the Legislature had appropriated a specific sum of money to the Department of Property and Supplies to facilitate that department's purchase of supplies and materials. The same General Appropriation Act gave a specific sum to the Treasury Department for the purchase, through the Department of Property and Supplies, of office equipment to facilitate the collection of emergency taxes. We decided that it would be improper for the Department of Property and Supplies to pay for the equipment of the Treasury De- partment out of the appropriation made to the Department of Prop- erty and Supplies. On the contrary, we held that this sum must be paid from the appropriation made to the Treasury Department for such equipment: 1923-1924 Op. Atty. Gen. 296. 62 OPINIONS OF THE ATTORNEY GENERAL In another opinion we ruled that an appropriation earmarked for maintenance of the State Industrial Home for Women at Muncy could not be utilized to rent additional buildings as the latter purpose did not fall within the designation of maintenance made by the Legislature: 1921-1922 Op. Atty. Gen. 540. It appears from the above that the Legislature may properly desig- nate the purpose for which specific sums are appropriated to a depart- ment, provided such designation does not offend the provisions of the Pennsylvania Constitution. Once an allocation is made, the depart- ment is bound to disburse the funds in accordance with the terms of the appropriation act. In your second request you seek to determine whether the appro- priations to the department for the operation of a Classification and Reception Center for mental health and the mental health care pro- gram at the Philadelphia General Hospital are disbursable under the control of the Department of Welfare. It would appear from the same authorities relied upon above that these funds are disbursable under the control of the Department of Welfare with the limitation that such disbursing must be in accordance with the mandate of the Legislature in its establishment of specific appropriations for each of these two programs. It is, therefore, our opinion and you are accordingly advised that (1) the Department of Welfare does not have the right to transfer funds from one institution named in Act No. 95-A to another institution named in the act and that (2) funds appropriated by that act to the department for Mental Health Services, Commonwealth Mental Health Center are disbursable under the control of the department but such disbursements must be for the purposes and within the monetary limi- tations as specifically set forth in the appropriation act. Very truly yours, DEPARTMENT OF JUSTICE, JEROME H. GERBER, Deputy Attorney General. THOMAS D. McBRIDE, Attorney General. OPINIONS OF THE ATTORNEY GENERAL 63